I'LL TRY TO KEEP THIS FROM BEING TOO TOO MUCH OF A SHAMELESS PLUG, BUT HERE YOU GO... MY RESPONSES IN ALL CAPS
SMM
Now my questions are these:
when should an injured person contact a lawyer?
THE SHORT ANSWER IS "IT DEPENDS" BUT...
IF THE INJURIES ARE ANYTHING MORE THAN MINOR, OR THE ACCIDENT IS IN ANY WAY CONTESTED, THE ONLY ANSWER IS RIGHT AWAY. IN ANY AND EVERY "BIGGER" CASE INVOLVING FRACTURES, SIGNIFICANT OR CATASTROPHIC INJURIES, WAGE LOSS, SPECIALISTS, THERAPY, DRUGS, ONGOING MEDICAL BILLS, AND A RECOVERY TIME OF LONGER THAN A WEEK, YOU WILL BE CHALLENGED SIGNIFICANTLY BY THE INSURANCE INVESTIGATOR ON BOTH LIABILITY AND DAMAGES ISSUES. THE INSURER HAS SPECIALISTS WHO WILL INVESTIGATE THE CLAIM, AIM EVERY POINT AGAINST YOU AND USE THAT TO TRY TO POUND YOU IN NEGOTIATING. IF YOU WAIT SIX MONTHS OR A YEAR TO HIRE COUNSEL YOU LOSE THE IMMEDIATE EFFECT OF A PROMPT INVESTIGATION AND MAY LOSE AVAILABLE EVIDENCE AS WITNESS MEMORIES FADE OR WITNESSES BECOME JADED AFTER TALKING TO INSURANCE INVESTIGATORS. IF YOU GIVE A STATEMENT TO THE INSURER BUT SAY THINGS YOU WISH YOU HADN'T SAID, YOU COULD SET UP THE CASE POORLY ON DAY 1 WHICH COULD EFFECT YOUR ABILITY TO NEGOTIATE EFFECTIVELY. IF YOU FAIL TO CHALLENGE OR CORRECT ERRORS IN THE POLICE REPORT, YOU COULD SET YOURSELF UP FOR FAILURE.
A GOOD PERSONAL INJURY LAWYER WILL REVIEW YOUR CASE AND TELL YOU IF HE/SHE THINKS IT IS WORTHWHILE TO HIRE COUNSEL. FRANKLY, GOOD PI LAWYERS DO NOT NEED TO TAKE ON LOUSY CASES! THEY HAVE TOO MUCH TO DO ON GOOD CASES~
should the lawyer be a specialist in bicycle laws?
SHORT ANSWER IS NO. BUT...
ANY LAWYER WHO REGULARLY HANDLES, AND TAKES TO TRIAL, PERSONAL INJURY CASES SHOULD BE QUALIFIED TO HANDLE A "BIKE CASE." I OFTEN SUGGEST THAT SOME BENEFITS I PROVIDE INCLUDE A "RIDER'S PERSPECTIVE" - I'M OUT THERE, DEALING WITH TRAFFIC, DEALING WITH GRAVEL, AND ACTIVELY APPLYING THE "AS FAR RIGHT AS PRACTICABLE" LANGUAGE EVERY DAY. AS ONE WHO'S HANDLED OVER 100 BIKE CASES, I THINK I HAVE A BETTER UNDERSTANDING OF HOW POLICE, INSURANCE COMPANIES AND JURORS PERCEIVE US. FURTHER, MY EXPERIENCE IN "BIKE CASES" HAS PERMITTED ME TO DEVELOP RELATIONSHIPS WITH ALL KINDS OF "BIKE SPECIFIC" EXPERTS, FROM BIKE ACCIDENT RECONSTRUCTIONISTS TO METALLURGISTS, FRAME DESIGNERS, AND EVEN "BIKE RIDING" EXPERTS WHO I ROUTINELY USE TO PROVE THAT MY GUY WAS DOING WAS HE WAS SUPPOSED TO BE DOING OR LEGALLY REQUIRED TO BE DOING. THAT SENSITIVITY TO CYCLING IS WHAT YOU GET WITH A "BIKE LAWYER".
FROM MY END, I AM ALSO ACTIVELY INVOLVED IN THE CYCLING COMMUNITY, WORKING WITH THE LOCAL CYCLE CLUBS, PUBLISHING ARTICLES ON BIKES/LAW IN MANY OHIO CYCLE CLUB NEWSLETTERS, HANDLING SOME IMPORTANT CYCLING CASES "PRO BONO", AND LOBBYING LOCAL, STATE AND NATIONAL POLITICIANS ON BEHALF OF CYCLISTS FOR BETTER LAWS [LOCAL AND STATE] OR MORE MONEY IN THE TRANSPORTATION BILL [NATIONAL]. I DON'T KNOW IF THAT MAKES ME A BETTER LAWYER, BUT SUPPORTING LAWYERS WHO HELP CYCLING IS NOT A BAD GOAL.
should the lawyer be local?
DEPENDS ON WHAT YOU MEAN BY 'LOCAL.' I'M IN OHIO, AND ONLY LICENSED IN OHIO, BUT I'VE BEEN CALLED INTO CASES IN FLORIDA, NEW JERSEY, VIRGINIA, INDIANA AND KENTUCKY. IN THOSE CASES, I GET THE FIRST CALL BECAUSE FOLKS TRACK ME DOWN BY WORD OF MOUTH, REPUTATION OR ON THE INTERNET. I USUALLY CONTACT A LOCAL LAWYER WHO I KNOW TO BE "BIKE FRIENDLY" AND TEAM UP TO HANDLE THE CASE JOINTLY. I CAN BE ADMITTED IN FOREIGN JURISDICTIONS "PRO HAC VICE" WHICH MEANS THE LOCAL LAWYER TELLS THE JUDGE I'M "OK" FOR THIS ONE CASE. I THEN STAY INVOLVED, HANDLING DEPOSITIONS, PROVIDING RESEARCH OR USING MY CONTACTS IN THE INDUSTRY TO HELP OUT. THIS RESULTS IN A SHARED FEE BY THE ATTORNEYS, BUT DOES NOT RESULT IN A HIGHER FEE TO THE CLIENT. YOU GET TWO LAYWERS FOR THE PRICE OF ONE.
I ALSO HANDLE "BIKE CASES" ALL OVER OHIO, WHICH MAY MEAN A 4-5 HOUR ONE WAY DRIVE. IN THIS LAND OF INTERNET CONNECTIONS, HOWEVER, I HAVE HANDLED SEVERAL CASES VIA EMAIL ONLY, AND MAY HAVE ONLY MET THE CLIENT WHEN HANDING OVER A CHECK. IF THE CASE DOES NOT NEED A LAWSUIT TO BE FILED, AND 70-80% OF MINE DO NOT, THEN I CAN GATHER UP ALL THE PAPER, PUT IT TOGETHER INTO A PACKAGE, PREPARE MY LETTER ANALYZING ALL LEGAL, MEDICAL AND INSURANCE ASPECTS OF THE CASE, AND NEGOTIATE WITH THE INSURER. I CAN COMMUNICATE WITH WITNESSES, OR RETAIN AN INVESTIGATOR IF NEED BE. ALL FROM THE SAFETY AND COMFORT OF MY OFFICE, LIVING ROOM OR DECK WITH A GOOD WIRELESS CONNECTION!
how do you find such a lawyer?
DIFFICULT. INTERNET SEARCHES ARE ONLY GOOD FOR GETTING NAMES, NOT ABILITY OR QUALITY. WORD OF MOUTH IS GOOD. BUT, PEOPLE SHOULD NOT BE AFRAID OF ASKING TOUGH QUESTIONS OF LAWYERS WHEN THEY INTERVIEW THEM ABOUT A CASE. IT'S YOUR CASE, NOT THE LAWYER'S. SO FIND OUT QUALIFICATIONS, BACKGROUND...
HOW MANY "BIKE CASES" HAVE YOU HANDLED - WHAT TYPE? WHAT RESULT? DO YOU RIDE? HOW SERIOUSLY? ARE YOU ACTIVE IN CYCLING CLUBS?
ANOTHER BIG ISSUE WITH "PERSONAL INJURY" LAWYERS IS TRIALS. MANY WILL SETTLE CASES, BUT NOT TRY THEM. SO ASK, HOW MANY PERSONAL INJURY TRIALS TAKEN TO VERDICT IN THE PAST 12 MONTHS - WHAT RESULT? WHAT'S THE BIGGEST CASE YOU'VE EVER SETTLED? BEST VERDICT YOU'VE EVER GOTTEN?
ALSO
WHO WILL BE HANDLING MY CASE. SOME OF THE BIG ADVERTISING FIRMS, THE TV/YELLOW PAGES GUYS, HAVE HUGE CASELOADS AND YOUR CASE MAY GET SHIPPED OFF TO SOMEONE ELSE.
have you personally had experience with a bike accident where you got a lawyer?
NOT MINE TO ANSWER. I'VE DONE 100+ BIKE CASES, SOME COULD HAVE BEEN HANDLED JUST AS EFFECTIVELY BY PRACTICALLY ANY LAWYER, BUT IN MANY I THINK MY PARTICULAR KNOWLEDGE WAS HELPFUL. IN MY FLORIDA CASE, A NEUROLOGIST HAD HIS BIKE FALL APART WHEN IT HIT A CURB. HE SUFFERED A BRAIN INJURY. HIS WIFE TRACKED ME DOWN IN OHIO AND I IMMEDIATELY FOUND A HIGH POWERED LOCAL FIRM AND FLEW DOWN FROM OHIO. MY FAVORITE EXPERT FLEW DOWN FROM THE EAST COAST AND WE STARTED A FOUR YEAR JOURNEY THAT ENDED UP WITH A GOOD SETTLEMENT ON THE EVE OF TRIAL. I TOOK CRITICAL DEPOSITIONS OF THE BIKE COMPANY'S PRODUCT DEVELOPMENT, DESIGN AND TESTING PEOPLE WHICH, I THINK, A NON-CYCLING LAWYER WOULD HAVE HAD DIFFICULTY WITH...
SORRY FOR THE LONG WINDED ANSWERS...
HOPE THAT HELPS...
Steve Magas
BikeLawyer@aol.com
513-484-BIKE
PS
ONE OTHER QUESTION THAT WASN'T ASKED
DO I NEED A LAWYER AT ALL? WHAT DOES A LAWYER GIVE ME THAT I CAN'T DO MYSELF?
PERSONAL INJURY LAWYERS WEAR MANY HATS. IN THE BEGINNING OF A NEW CASE WE'RE ALMOST MORE LIKE ADMINISTRATORS THAN LAWYERS, GATHERING DATA & PAPER, GETTING YOUR MEDICAL RECORDS, PHOTOGRAPHS, POLICE REPORTS, WITNESS STATEMENTS, MEDICAL BILLS, YOUR AUTO OR HOMEOWNER'S INSURANCE POLICIES, AND SUCH, AND ORGANIZING ALL THAT DATA INTO A MANAGEABLE PACKAGE. WE'RE ALSO CONFIDANTES, TAKING IN YOUR PERSONAL, CONFIDENTIAL INFORMATION AND SWORN TO SECRECY ABOUT IT. WE'RE YOUR ADVOCATES, TAKING ALL CALLS FROM THE INSURANCE ADJUSTOR, DEALING WITH BILL COLLECTORS WHO ARE MAD BECAUSE YOU HAVEN'T PAID OFF THE HOSPITAL BILL, AND RESPONDING TO ANY QUERIES ABOUT THE CASE. AS YOU RECOVER, WE BECOME APPRAISERS OF A SORT. YOUR "CLAIM" IS A "THING" WITH VALUE IN A VERY SPECIAL MARKETPLACE. THE ONLY WAY TO GET ITS "TRUE" VALUE IS TO HAVE A JURY TELL YOU WHAT IT'S WORTH. HOWEVER, A LAWYER USES HIS/HER EXPERIENCE WITH OTHER CLAIMS, EXPERIENCE IN TRIALS, NEGOTIATING EXPERIENCE, EXPERIENCE POSSIBLY WORKING IN AN INSURANCE COMPANY OR WITH A DEFENSE FIRM, AND KNOWLEDGE OF THE COURTS TO "APPRAISE" YOUR CLAIM AND GIVE YOU WHAT HE/SHE BELIEVES IS A REASONABLE RANGE OF VALUES. WITHOUT COUNSEL, YOU MAY END UP RELYING ON THE INSURER, YOU THEN DEVELOP A STRATEGY AND THE LAWYER BECOMES YOUR NEGOTIATOR. IF NEGOTIATIONS BREAK DOWN AND A LAWSUIT IS FILED, YOUR ATTORNEY BECOMES YOUR LITIGATOR.
MOST PEOPLE HAVE NO EXPERIENCE INVESTIGATING CLAIMS, ANALYZING THE LEGALS ASPECTS OF A CRASH, REVIEWING AND ANALYZING MEDICAL RECORDS OR RESEARCHING COMPLEX LEGAL ISSUES. MOST PEOPLE DON'T UNDERSTAND AND HAVE NO TRAINING IN DETERMINING WHAT A PARTICULAR CASE, FACT PATTERN OR INJURY MAY BE "WORTH" TO AN INSURER OR JURY. IF YOU'RE TOO HIGH BY A FACTOR OF TEN, YOU'LL NEVER SETTLE THE CASE ON YOUR OWN BECAUSE THE INSURER WILL NEVER PAY IT. IF YOU'RE TOO LOW BY A FACTOR OF TEN, THE INSURER WILL JUMP TO PAY YOU AND WRITE OFF YOUR CLAIM AS A VICTORY. IF YOU TAKE TOO LITTLE MONEY, BUT DO NOT TAKE THE CONCEPT OF "SUBROGATION" INTO ACCOUNT, YOU COULD END UP GIVING IT ALL AWAY! "SUBROGATION" IS THE LEGAL CONCEPT THAT YOUR HEALTH INSURER OR AUTO INSURER MAY HAVE BE PAID BACK OUT OF YOUR SETTLEMENT FOR ANY BILLS THEY PAY UNDER YOUR POLICY...
HOPE THAT HELPS!
sm
Steven M. Magas
Bike Lawyer
bikelawyer@aol.com
513-484-BIKE
